Is unconsciousness a defense in general intent crime?

California, United States of America


The following excerpt is from People v. Lisnow, 151 Cal.Rptr. 621, 88 Cal.App.3d Supp. 21 (Cal. Super. 1978):

One statutory limitation which must be considered, in passing, is Penal Code section 22 which reads "no act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. . . ." Thus, unconsciousness caused by voluntary intoxication is not a defense to a general intent crime such as battery, the crime in the case at bench. (People v. Conley (1966) 64 Cal.2d 310, 49 Cal.Rptr. 815, 411 P.2d 911.)

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